These two statements present clear support for the conclusion that Wasserstrom believes lawyers are positioned in an amoral world. The second conclusion is defended by many statements and situations concerning the lawyer?client relationship. Wasserstrom identifies a few dominant traits with in this relationship containing inequality, created by role-differentiation, and vulnerability.
The main argument introduced in the debate considers whether a practicing solicitor can adhere to the traditional values of moral and ethical integrity that have been reinforced through a set of principles such as the Solicitors Regulation Authority Code of Conduct (SRA). The latter consists of ten mandatory principles that are the professional requirements expected of any solicitor. Traditionally, ethical and moral truthfulness have formed the basis of a competent lawyer and thus when adhering to the traditional principles placed upon lawyers, a lawyer was thought to abide to moral standards. I will aim to tackle the debate by arguing that the SRA provides a framework that allows lawyers to be good people. Secondly, I will also be discussing a lawyer’s moral responsibility. and that whilst ‘The lawyer is conventionally seen as a professional devoted to his client’s interest and…required, to do some things for that client which he would not do for himself’ his moral responsibility must not violate the SRA Code of conduct. Finally, it is imperative to explore the ethical dilemmas solicitors face when attempting to make their clients’ interests their own.
The subject of law always fascinated me. Unlike medicine, the practicalities of the subject do not dampen my passion for the subject but rather fuel it. Law is engaging because it requires constant adapting and analyzing. With every case comes a unique set of issues. The challenge of having to work within the bounds of the law while also planning a compelling and forceful case for a client is thrilling. Every word holds tremendous power in law. Practicing law requires eloquence. Anecdotal stories are the hallmark of the best lawyers. There exists no third person perspective in law. I admire how good lawyers can form a message that appeals to people’s emotions and reason. I relish the opportunity to study every minute detail of law and become a practicing lawyer because of all the ways it would challenge me.
Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are
You have asked me to summarize the Supreme Court of Canada decision in Doré v Barreau du Québec, 2012 SCC 12, SCR 395 and analyze whether the Law society is likely to sanction Evan Frank. Although the Rules of Professional Conduct place limitations on certain conduct to ensure professionalism, the expressive rights of lawyers must be given due respect and the likelihood of Mr. Frank’s sanction will depend on a fair balance of “expressive value” of the content in the letter, with the public’s expectation of professionalism.
The legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it
This paper aims to explore the Legal Services Act 2007 and the impact the Act has had on the role of a Costs Lawyer since implementation.
Everybody is a lawyer in their particular field. If you're a doctor, then you can't treat someone before you go through all the legal minefields associated with being a doctor and administering treatment. If you're a police officer, then you make one legal mistake and a murder can go free. We find ourselves in a world where almost everything needs to be unwrapped of its legal liabilities before you can move forward.
This chapter presents a comparison of the grounds for disbarment under section 27, Rule 138 of the Rules of Court. It aims to show that the grounds to disbar a lawyer from the legal profession are and must be related to the practice of the law--- a trait absent in disbarment based on marital
It has always been recognized that the rule must have some limits, for at minimum it is inadmissible that legal consultation be a cover for thuggery and theft. The difficult problem is where to draw the boundaries how to define the kinds of secrets that a lawyer may not keep.
Professional experts within organizations adapt and respond to laws by taking into consideration the organization’s available resources to determine the level of compliance. Vague and ambiguous laws coupled with fragmented enforcement force experts within organizations to produce an organizational policy in response. Dobbin and Sutton describe how professional experts including accountants, tax lawyers, and employment managers saw the possibility for human resource departments to “ensure legal compliance, exaggerating the risk of litigation to win organizational resources” (445). Professional experts saw an economic incentive to create policies in response to laws and created more departments and hired more personnel to determine compliance measures. Due to the incredible ambiguity of laws, “organizations created new offices not because the law dictated that they do so but because the law did not tell them what to do” (Dobbin and Sutton 470). In universities, law experts “knew the law well” and took shortcuts in compliance measures while maintaining organizational interests (Gould 166). Policy making within organizations becomes a top-down operation with professional experts acting in their best interest when deciding how to
A skilled and results driven qualified solicitor with experience in working extremely challenging cases and representing clients in complex legal and litigation matters. Outstanding track record of achieving positive outcomes within limitations. Proven ability to logically and effectively analyse statutes, case laws and factual data. Provides concise, logical, objective and persuasive statements in both written and oral communication, whilst simplifying complex “legal jargon” into user-friendly terminology for clients. Proactive relationship builder.
The current Japanese judicial system consists of a blend of civil law from the early German system and common law from the United States. Japan’s legal practitioners are educated in a single institute, the Legal
A judicial process involves a series of rules undertaken to administer justice through a system of courts defined in a given constitutional law. The lawyers and the interest groups are important actors in any judicial process, (The U.S. Department of State publication, 2008). In the United States, a plaintiff or a defendant has a constitutional right to a fair hearing before judgement. The litigants would always need the lawyers to build their defence or prosecutions cases before the judge or jury. The interest groups are known for influencing the judicial process. In the United States, the interest groups have such as influenced the judges’ appointment, just as a single form of influence. This paper describes in details the roles of the lawyers and interest groups in the judicial process. In addition to the roles, the paper seeks to explain the reasons behind unpopularity of lawyers in the United States since colonial years to present day; the impact of stratification in the legal profession on delivery and quality of legal services provision and how an impartial and unbiased system can allow interest groups to take part in the judicial process.
Internal legal support remains slightly unknown its sphere of influence. While most of the large companies have had prestigious in-house legal departments for years, which are responsible of solving and preventing legal troubles inside of company, very few people know that some of these areas – comprised sometimes by more